Legal Question in Real Estate Law in Arizona

Re: request for court order for release of funds

The public is generally under the impression that legal proceedings are simply a function of signing or "filing" a "form." Transactions may use "forms" but proceedings are usually a process that involves pleadings, orders, etc.

Whenever you hear that a judge must sign an order, understand that a legal case must be filed with the clerk of the court, a filing fee paid, a complaint or petition (pleading) is filed, etc. If there is another party to the case, that party must be served with a summons and a copy of the complaint, or a notice of hearing (typical in the probate court) and a copy of the petition. This is general information, not necessarily just for your case. A judge can sign an order, judgement etc. after proper motion or petition to the court, or a hearing with evidence if necessary.

Your message does not state the amount of funds remaining for you. Any attorney who does foreclosure cases could assist you. We do not do those cases in our office. You might check with the treasurer's office first to find out if they have information on the particular procedure. Perhaps it can be done without a civil action being filed in the court, perhaps with an affidavit and proper identification. Have you spoken with them?

If you cannot proceed on your own you will need an attorney. This may not be a case where you can waltz into an office supply store and by a $9 kit, or even find it on LawGuru.com

Good luck.

James D. Jenkins

Re: request for court order for release of funds

It is not appropriate for me to provide a form to you. You should pursue the lawyer who brought the foreclosure action to obtain the excess proceeds.